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2018 Supreme(Online)(P&H) 594

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



(cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:3)(cid:5)(cid:1)(cid:7)(cid:5)(cid:3)(cid:8)(cid:9)(cid:10)(cid:11)(cid:4)(cid:3)(cid:9)(cid:12)(cid:3)(cid:13)(cid:10)(cid:2)(cid:14)(cid:15)(cid:16)(cid:3)(cid:17)(cid:3)(cid:5)(cid:15)(cid:11)(cid:18)(cid:15)(cid:2)(cid:15)(cid:3)(cid:15)(cid:4)

(cid:8)(cid:5)(cid:15)(cid:2)(cid:19)(cid:1)(cid:7)(cid:15)(cid:11)(cid:5)

(cid:20)(cid:21)(cid:22)(cid:23)(cid:24) (cid:8)(cid:11)(cid:11)(cid:3)(cid:2)ti(cid:26)(cid:3)(cid:21)(cid:27)(cid:27)(cid:22)(cid:3)ti(cid:28)(cid:3)(cid:21)(cid:23)(cid:29)(cid:30)(cid:3)(cid:20)(cid:9)(cid:17)(cid:31)(cid:24)

(cid:19) !"(cid:3)ti(cid:28)(cid:3)(cid:19)"#$%$ti&’(cid:3)(cid:23)(cid:29)(cid:26)(cid:29)(cid:21)(cid:26)(cid:21)(cid:23)(cid:21)(

Kishori Lal ......Petitioner Versus State of Punjab and others .....Respondents (cid:8)(cid:9)(cid:11)(cid:15)(cid:31)’(cid:3)(cid:5)(cid:9)(cid:2))(cid:16)*(cid:6)(cid:3)(cid:31)+(cid:26)(cid:3)(cid:14)(cid:10)+(cid:4)(cid:1)(cid:8)(cid:6)(cid:3),(cid:1)(cid:11)(cid:4)(cid:1)(cid:3)+(cid:1)(cid:2)(cid:7)(cid:5)

Present: Mr. Aman Deep Singh Rai, Advocate for the petitioner.

Mr. Luvinder Sofat, Sr. DAG, Punjab.

****

(cid:3),(cid:1)(cid:11)(cid:4)(cid:1)(cid:3)+(cid:1)(cid:2)(cid:7)(cid:5)(cid:3)(cid:3)-(cid:3)(cid:14)(cid:26)(cid:3)(cid:20)(cid:9)(cid:11)(cid:15)*(cid:24)(cid:3)

The present revision petition has been filed for setting aside the impugned judgment dated 26.04.2018, passed by learned Addl. Sessions Judge, Hoshiarpur, whereby the acquittal of private respondents in FIR No.11 dated 24.01.2009, registered under Sections 406, 4984A, 1204B and 34 IPC at Police Station Garhshankar, District Hoshiarpur, was upheld, affirming the judgment dated 10.12.2015, passed by learned Sub Divisional Magistrate Garhshankar, whereby the private respondents were acquitted.

2. Shorn of details, the facts of the case are that the instant FIR was lodged on the statement of the petitioner/complainant, stating therein that marriage of his daughter was solemnized with one Avtar Singh (son of private respondents) on 15.02.2004. A huge amount was spent on the same by him and many valuables, including jewellery, cash and household articles, were given to the respondents. After 15 days of marriage, Avtar Singh went to America and returned only after 8 months. It was alleged that, after some time of marriage,(cid:3)the husband and in4laws of the daughter of the complainant started harassing her, and demanded Rs.30 lakhs as dowry. When she expressed her helplessness, the private respondents subjected her to harassment and even gave her beatings. Her husband also demanded money for purchasing a mobile phone. The private respondents had assured the complainant that they shall apply for sending his daughter to America. However, subsequently Avtar Singh told the complainant to pay Rs.2 lakhs to Sat Pal Pali, failing which, the work of sending her daughter abroad will be delayed. The complainant mortgage his house, and arranged a sum of Rs. 2 lakhs and given the same to Sat Pal Pali. But later on, he came to know that Avtar Singh had performed marriage abroad with some other girl, and also had a child from the said marriage, and that he had also filed a petition seeking divorce from the daughter of the complainant. On these allegations that the instant FIR was lodged. Since accused Avtar Singh was not arrested in the present case nor he had joined the trial, thus he was declared proclaimed offender. Trial was conducted, whereupon the learned trial Court acquitted the private respondents. Thereafter, an appeal was preferred by the petitioner, which was dismissed vide order dated 26.04.2018 passed by the learned Addl. Sessions Judge, Hoshiarpur. Aggrieved by the acquittal of the private respondents, the petitioner has filed the present revision petition.

3. Learned counsel for the petitioner submits that the learned Appellate Court had erred in upholding the judgment of acquittal passed by the learned Sub Divisional Judicial Magistrate, Garhsha

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